PER: 2006 Volume 9 No 3http://hdl.handle.net/10394/1740
Fri, 18 Nov 2016 10:07:25 GMT2016-11-18T10:07:25ZPER: 2006 Volume 9 No 3http://repository.nwu.ac.za:80/bitstream/id/21118/http://hdl.handle.net/10394/1740
Bernard Bekink’s principles of South African local government lawhttp://hdl.handle.net/10394/1745
Bernard Bekink’s principles of South African local government law
Du Plessis, Anél
Sun, 01 Jan 2006 00:00:00 GMThttp://hdl.handle.net/10394/17452006-01-01T00:00:00ZPruning the money-tree to ensure sustainable growth: facilitating sustainable development through market-based instrumentshttp://hdl.handle.net/10394/1744
Pruning the money-tree to ensure sustainable growth: facilitating sustainable development through market-based instruments
Paterson, A R
South Africa’s pristine landscapes and natural resources are under significant
threat. This is not subject to debate, but what is, is how to implement a
regulatory regime to deal effectively with these environmental realities – a
challenge complicated by competing socio-economic imperatives; significant
capacity and resource constraints and the need to redress past inequalities,
efforts to increase access to land and natural resources as well as perceptions
that the environment is an elitist concern. Many countries are exploring
alternative ways of providing for effective environmental management such as:
co-opting civil society participation; creating markets for environmental goods
and services; and using market-based instruments (MBI). The latter form the
focus of this article as the National Treasury recently released a draft policy
paper for discussion titled A Framework for Considering Market-Based
Instruments to Support Environmental Fiscal Reform in South Africa 2006
(Draft Policy Paper).
Sun, 01 Jan 2006 00:00:00 GMThttp://hdl.handle.net/10394/17442006-01-01T00:00:00ZGreening the judiciaryhttp://hdl.handle.net/10394/1743
Greening the judiciary
Kidd, Michael
Much of South Africa’s environmental law is relatively new. Most of South
Africa’s judges received their formal legal educations before promulgation of
the major part of our environmental law and almost certainly before
environmental law was taught at universities. In recent years, there have been
increasing instances of cases involving environmental matters coming to the
courts. How are judges performing in these cases? It would appear that the
judges’ performance is rather 'chequered' in environmental cases, which
suggests that the judiciary needs to become more attuned to environmental
law. I call this process, for purposes of this note, ‘greening the judiciary’. What I
mean by this is not that judges must decide all environmental cases in a way
that favours the environment, but that they must correctly consider, interpret
and apply the relevant environmental law, and give environmental
considerations appropriate deliberation. This note aims to identify, in admittedly
somewhat general terms, the current state of environmental decision-making by
judges and to suggest what needs to happen for such decisions to be
improved.
Sun, 01 Jan 2006 00:00:00 GMThttp://hdl.handle.net/10394/17432006-01-01T00:00:00ZCompliance notices - a new tool in environmental enforcementhttp://hdl.handle.net/10394/1742
Compliance notices - a new tool in environmental enforcement
Feris, Loretta
This note examines compliance notices, a new administrative remedy that has
been created to assist in compliance and enforcement of environmental laws.
The note considers the aim and scope of compliance and the process of
issuing a compliance notice. In addition, it reflects on objections to compliance
notices as well as the effect of non-compliance with compliance notices. It
furthermore considers the mandate of Environmental Management Inspectors
(EMIs) to issue compliance notices, the legislation in terms of which they may
issue compliance notices and the ability of EMIs to issue compliance notices
beyond the designated legislation. The note also assesses the overall
effectiveness of compliance notices and the extent to which it is likely to be
utilised by EMIs in the exercise of their mandate.
Sun, 01 Jan 2006 00:00:00 GMThttp://hdl.handle.net/10394/17422006-01-01T00:00:00Z